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Chefitz

Daniel E. Chefitz

Partner

daniel.chefitz@morganlewis.com

Washington DC Phone +1.202.739.5760 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

New York Phone +1.212.309.6637 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

Regularly recognized as a leading business lawyer by Chambers USA, Daniel E. Chefitz advises companies on the diverse benefits of using captive insurance companies to insure a variety of risks ranging from cyber risks to legacy environmental and product liability. As part of his captive insurance practice, Daniel uses captives, sometimes paired with I.R.C. Section 468b qualified settlement funds, to support a dedicated legacy liability structure that streamlines a company’s legacy liability management in a tax efficient manner.

In addition to his advisory practice, Daniel represents policyholders in both traditional and cutting-edge insurance recovery disputes through mediation, arbitration, or litigation as appropriate. Daniel has experience pursuing claims under Bermuda Form policies, which involve a London-based arbitration process. 

In the context of environmental disputes, Daniel uses his environmental litigation background and captive insurance knowledge to develop unique products to assist clients with potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund to minimize the regulatory burden and liability exposure.

selected representations

Representative Matters

  • Represents former industry-leading automotive and railroad parts manufacturers in coverage litigations concerning asbestos, welding rods, environmental, and toxic tort liabilities.
  • Advised oil-related business on use of captive insurance to insurer legacy liabilities.
  • Successfully represented major objector to Federal Mogul reorganization plan, litigating novel issues under Section 524(g), and thereby preserving extensive nondebtor insurance assets.

Decisions

  • Federal Mogul Global Inc., T&N Limited, et al., Debtors, No. 01-10578, 2008 WL 4493519 (Bankr. D. Del. Sept. 30, 2008)
  • Certain Underwriters at Lloyd’s London, et al. v. Pneumo Abex Corporation, et al. 36 A.D. 3d 441, 829 N.Y.S. 2d 29 (N.Y. Sup. Ct. 2007)
  • Pneumo Abex Corp, v. Maryland Cas. Co., C.A. No. 82-2098 (PLF) (D.D.C. Sept. 27, 2006)
  • Pneumo Abex Corp, v. Maryland Cas. Co., C.A. No. 82-2098 (PLF) (D.D.C. Aug. 31, 2004)
  • Rutgerswerke AG v. Abex Corp., 2002 WL 1203836, 2002 U.S. Dist. LEXIS 9965 (S.D.N.Y. June 4, 2002)

Awards and Affiliations

Ranked, Insurance: Policyholder, District of Columbia, Chambers USA (2010–2020)

Recommended, Dispute resolution: Product liability, mass tort and class action - defense: toxic tort, The Legal 500 US (2020)

Recommended, Industry focus: Insurance: advice to policyholders, The Legal 500 US (2016, 2018–2020)

Admissions

  • District of Columbia
  • Illinois
  • Massachusetts
  • New York
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Northern District of Illinois

Education

  • Northwestern University School of Law, 1993, J.D.
  • Yeshiva University, 1990, B.A.

Services

  • Environmental Counseling Litigation
  • Commercial Litigation
  • Insurance Recovery

Regions

  • North America

News

12/4/2020 - Insurance Group Of The Year: Morgan Lewis, Law360

8/29/2018 - Eaton Units Must Pay $293M In Asbestos Settlement Row, Law360

12/23/2014 - Insurers, Cos Face Off On EPA Letters' Effect On Coverage, Law360

Publications

5/21/2020 - Captive Insurance Opportunities and Solutions Post-COVID-19

5/4/2020 - COVID-19: DC Council to Consider Legislation Mandating Business Interruption Coverage

9/22/2014 - Cheeseburger...Cheeseburger: The Resurgence in Obesity Litigation Is Real

9/1/2014 - Are You Prepared for Obesity Litigation? Food Technology